[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Notices]
[Page 31827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11706]


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DEPARTMENT OF LABOR

Office of the Secretary


Delegation of Authority and Assignment of Responsibility to the 
Assistant Secretary for Veterans' Employment and Training Services

    On April 22, 2002, the Secretary of Labor issued a memorandum to 
the Assistant Secretary for Veterans' Employment and Training Services 
delegating authority and assigning responsibility for carrying out the 
functions and authority vested in the Secretary of Labor pursuant to 
the Uniformed Services Employment and Reemployment Rights Act of 1994, 
Pub. L. 103-353, 38 U.S.C. 4301-4333, and Section 3 of the Veterans 
Employment Opportunities Act of 1998, Pub. L. 105-339, 5 U.S.C. 3330a. 
A copy of that memorandum is annexed hereto as an Appendix.

FOR FURTHER INFORMATION CONTACT: Nick Dawson, Veterans' Employment and 
Training Services, at (202) 693-4711. This is not a toll-free number.

    Signed in Washington, DC, this 3rd day of May 2002.
Eugene Scalia,
Solicitor of Labor.
April 22, 2002.
Memorandum for Frederico Juarbe, Jr. Assistant Secretary for 
Veterans' Employment and Training Services
From: Elaine Chao
Subject: Specific Delegation of Authority to the Assistant Secretary 
for Veterans' Employment and Training Services

    Effective immediately, the Assistant Secretary for Veterans' 
Employment and Training Services is hereby delegated authority and 
assigned responsibilities for carrying out the functions and 
authority vested in the Secretary of Labor pursuant to the Uniformed 
Services Employment and Reemployment Rights Act of 1994 (USERRA), 
Pub. L. 103-353, 38 U.S.C. 4301-4333, and Section 3 of the Veterans 
Employment Opportunities Act of 1998 (VEOA), Pub. L. 105-339, 5 
U.S.C. 3330a, except with regard to the preparation of reports and 
recommendations to the President and the Congress.
    In addition, and also effective immediately, the Assistant 
Secretary for Veterans' Employment and Training Services is hereby 
delegated authority and assigned responsibility to invoke all 
appropriate claims of governmental privilege arising from the above 
functions of the Veterans' Employment and Training Services, 
following his personal consideration of the matter and in accordance 
with the following guidelines:
    (a) Informant's Privilege (to protect from disclosure the 
identity of any person who has provided information to the Veterans' 
Employment and Training Services under USERRA and Section 3 of the 
VEOA): A claim of privilege may be asserted where the Assistant 
Secretary has determined that disclosure of the privileged matter 
may: (1) Interfere with the Veterans' Employment and Training 
Services' investigation or enforcement of a particular statue for 
which the Veterans' Employment and Training Services exercises 
investigative or enforcement authority; (2) adversely affect persons 
who have provided information to the Veterans' Employment and 
Training Services; or (3) deter other persons from reporting 
violations of the statutes.
    (b) Deliberative Process Privilege (to withhold information 
which may disclose pre-decisional intra-agency or inter-agency 
deliberations, including the analysis and evaluation of fact, 
written summaries of factual evidence, and recommendations, opinions 
or advice on legal or policy matters in cases arising under USERRA 
and Section 3 of the VEOA): A claim of privilege may be asserted 
where the Assistant Secretary has determined that disclosure of the 
privileged matter would have an inhibiting effect on the agency's 
decision-making processes.
    (c) Privilege for Investigational Files Compiled for Law 
Enforcement Purposes (to withhold information which may reveal the 
Veterans' Employment and Training Services' confidential 
investigative techniques and procedures): The investigative file 
privilege may be asserted where the Assistant Secretary has 
determined the disclosure of the privileged matter may have an 
adverse impact upon the Veterans' Employment and Training Services' 
enforcement of USERRA and Section 3 of the VEOA by: (1) Disclosing 
investigative techniques and methodologies; (2) deterring persons 
from providing information to the Veterans's Employment and Training 
Services; (3) prematurely revealing the facts of the Veterans 
Employment and Training Services' case; or (4) disclosing the 
identities of persons who have provided information under an express 
or implied promise of confidentiality.
    (d) Prior to filing a formal claim of privilege, the Assistant 
Secretary shall personally review all documents sought to be 
withheld (or, in case where the volume is so large that all of them 
cannot be personally reviewed in a reasonable time, an adequate and 
representative sample of such documents), together with a 
description or summary of the litigation with which the disclosures 
is sought.
    (e) In asserting a claim of governmental privilege, the 
Assistant Secretary may ask the Solicitor of Labor, or the 
Solicitor's representative, to file any necessary legal papers or 
documents.

[FR Doc. 02-11706 Filed 5-9-02; 8:45 am]
BILLING CODE 4510-79-M